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DECISION No. 92/2003/QD-BBCVT OF MAY 26, 2003 PROMULGATING THE REGULATION ON MANAGEMENT AND USE OF INTERNET RESOURCES

THE MINISTER OF POST AND TELECOMMUNICATIONS

Pursuant to the National Assembly Standing Committee’s Post and Telecommunications Ordinance No. 43/2002/PL-UBTVQH10 of May 25, 2002;

Pursuant to the Government’s Decree No. 55/2001/ND-CP of August 23, 2001 on management of the provision and use of Internet services;

Pursuant to the Government’s Decree No. 90/2002/ND-CP of November 11, 2002 defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telecommunications;

At the proposal of the director of the Telecommunications Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on the management and use of Internet resources.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3.- The director of the Office, the chief inspector, the directors of the departments and the heads of the units under the Ministry of Post and Telecommunications; domestic and foreign organizations and individuals engaged in Internet activities in Vietnam shall have to implement this Decision.

Minister of Post and Telecommunications

DO TRUNG TA

REGULATION ON THE MANAGEMENT AND USE OF INTERNET RESOURCES

(Promulgated together with the Post and Telecommunications Minister’s Decision No. 92/2003/QD-BBCVT of May 26, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

This Regulation governs the management and use of Internet resources for all domestic and foreign organizations and individuals engaged in the Internet field in Vietnam.

Article 2.- Internet resources

Internet resources constitute part of the national information resources, play an important role in Internet activities, and must be managed, exploited and used efficiently for the right purposes.

It is strictly forbidden to use Internet resources for the purpose of opposing the State of the Socialist Republic of Vietnam, disturbing security, economic activities, social order and safety and breaching the nation’s fine customs and traditions.

It is strictly forbidden to transfer, lease or re-sell Internet resources in any form.

Article 3.- Internet resources-managing agency

Vietnam Internet Network Information Center (VNNIC), a unit of the Ministry of Post and Telecommunications, shall perform the function of managing, allocating, supervising and promoting the use of Internet resources in Vietnam.

Article 4.- Terminology

The terms used in this Regulation are construed as follows:

1. Internet resources mean the system of names and numbers used for Internet, which are uniformly determined worldwide. Internet resources include:

- Domain names;

- Internet addresses or also called IP addresses (IPv4, IPv6);

- Autonomous system numbers (ASN);

- Other numbers and names prescribed by competent international organizations in charge of Internet resources.

2. Domain names are names used to identify Internet addresses.

2.1. Top-level domain names:

2.1.1. Generic top-level domain names (gTLD) include the following domain names: .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .NAME; .PRO; .AERO; .MUSEUM; .COOP, and other generic domain names prescribed by competent international organizations in charge of Internet resources.

2.1.2. Country-code top-level domain names (ccTLD) include domain names prescribed according to the international standard on country codes [ISO3166]. National domain names shall change when new countries or territories come into being or countries are merged. The top-level domain name of Vietnam is the national domain name: .VN.

2.2. Lower than the top-level domain names are second-level, third-level, fourth-level and fifth-level domain names.

3. Internet addresses are the server network addresses.

3.1. Addresses IPv4 include addresses of Layer A, Layer B and Layer C currently in use.

3.2. Addresses IPv6 are addresses of a new generation to be used in future.

4. Autonomous system numbers (ASN) are numbers used to identify computer networks joining in general routing activities on the Internet.

5. The domain name servers (DNS) system is a combination of interconnected server groups in response to IP addresses corresponding to the domain name when being queried.

Chapter II

RIGHTS AND OBLIGATIONS

Article 5.- Rights and obligations of Vietnam Internet Network Information Center

1. To act as an official Internet representative of Vietnam, to participate in Internet resource-related activities of international Internet organizations. To coordinate and cooperate with international organizations in the reserve exploitation of the domain name servers (DNS) system for the national domain name .VN. To register and maintain Internet resources used in Vietnam and develop the use of the national domain name .VN.

2. To establish, exploit and maintain the around-the-clock operation of the domain name servers (DNS) system for the national domain name .VN. To coordinate with the lower-level DNS systems in well ensuring Internet activities in Vietnam; to protect the domain name data.

3. To inspect and supervise the use of IP addresses, autonomous system numbers and domain names already allocated to agencies, organizations and individuals engaged in Internet activities. To be entitled to request these agencies, organizations and individuals to supply information and statistics related to Internet activities.

4. To assure the adequate supply of IP addresses and autonomous system numbers to satisfy the demands therefor of agencies and organizations.

5. To manage and allocate Internet resources in a fair and rational manner. To directly allocate Internet resources, except for cases of decentralization prescribed in this Regulation. To issue related forms, create conditions for agencies, organizations and individuals to register the use of Internet resources, striving for online registration.

6. To collect charges and fees for Internet resources according to its functions, tasks and powers and law provisions.

Article 6.- Rights and obligations of agencies, organizations and individuals using Internet resources

1. Domestic or foreign agencies, organizations and individuals engaged in Internet activities shall be entitled to register the use of the third-level domain names after the second-level domain names under the national domain name .VN, and have to ensure safety and security for their respective equipment networks and information on the Internet.

2. Agencies, organizations and enterprises wishing to establish Internet-connected networks shall be entitled to register the use of IP addresses and autonomous system numbers.

3. Agencies, organizations and enterprises shall have to return Internet resources to Vietnam Internet Network Information Center when they no longer need to use them.

4. The agencies, organizations and enterprises within the political system, including those of the Party, the State, the National Assembly, Vietnam Fatherland Front and other political organizations, must use their domain names under the national domain name .VN and store information in servers with IP addresses in Vietnam only.

5. Electronic press, apart from using their domain names under the national domain name .VN, may register the use of other domain names under the generic domain name (gTLD).

6. Other organizations and individuals shall be entitled to register the use of domain names under the national domain name .VN or generic domain names (gTLD). Organizations and individuals may use domain names under the generic domain names (gTLD) only 24 hours after notifying Vietnam Internet Network Information Center thereof at the website http://www.gtld.info.vn.

7. Foreign-based organizations and individuals, if not violating Vietnamese laws, shall all be entitled to apply for the registration of domain names under the national domain name .VN via Vietnam Internet Network Information Center and must comply with the provisions of this Regulation on the management and use of Internet resources.

8. Agencies, organizations and enterprises shall be entitled:

8.1. To set the procedures for registration of domain names within the scope of their respective domain names, which, however, must not be contrary to the provisions of this Regulation.

8.2. To manage and allocate domain names under their own domain names.

8.3. To directly register IP addresses and autonomous system numbers from international organizations if it is so permitted by the Ministry of Post and Telecommunications.

8.4. Not to use IP address spaces falling outside the scope of management and allocation by Vietnam Internet Network Information Center and not to route such IP addresses on the network, except for cases of connection to international portals.

Chapter III

DOMAIN NAMES

Article 7.- Top-level domain names:

1. The domain name of Vietnam .VN is the top-level country-code domain name (ccTLD) in conformity with the world hierarchy of country codes ISO 3166, prescribed for Internet servers registered in Vietnam.

2. The maximum number of domain name levels, including the top-level domain name .VN is five and the uniqueness of the domain name within the scope of each domain name level must be ensured.

Article 8.- Second-level domain names (SLD)

1. The generic second-level domain names (gSLD) are Internet domain names classified by sector, including:

1.1. COM.VN: Reserved for organizations, enterprises and individuals engaged in commercial activities.

1.2. BIZ.VN: Reserved for business organizations, organizations and individuals, equivalent to COM.VN.

1.3. EDU.VN: Reserved for agencies, organizations and enterprises engaged in educational and training activities.

1.4. GOV.VN: Reserved for agencies and organizations within the State apparatus at the central and local levels.

1.5. NET.VN: Reserved for agencies, organizations and enterprises performing general network functions.

1.6. ORG.VN: Reserved for political and social organizations and agencies, organizations and enterprises engaged in political or social activities.

1.7. INT.VN: Reserved for international organizations based in Vietnam.

1.8. AC.VN: Reserved for research institutions and agencies, organizations and enterprises engaged in research activities.

1.9. PRO.VN: Reserved for organizations and individuals engaged in highly professional activities.

1.10. INFO.VN: Reserved for organizations supplying information data on the economic, political, cultural and/or social matters and agencies, organizations and enterprises engaged in the supply of data and personal information.

1.11. HEALTH.VN: Reserved for medical and pharmaceutical establishments and agencies, organizations and enterprises engaged in medical or pharmaceutical activities.

1.12. NAME.VN: Reserved for personal names of individuals engaged in Internet activities.

1.13. Other domain names prescribed by the Ministry of Post and Telecommunications.

2. The second-level domain names classified by administrative boundary are Internet domain names after the names of provinces and centrally run cities, including:

ANGIANG.VN

BACLIEU.VN

BACGIANG.VN

BENTRE.VN

BINHDINH.VN

BINHTHUAN.VN

CAOBANG.VN

DANANG.VN

DONGNAI.VN

GIALAI.VN

HANAM.VN

HATAY.VN

HAIDUONG.VN

HOABINH.VN

TP-HOCHIMINH.VN

KIENGIANG.VN

LAICHAU.VN

LAOCAI.VN

LONGAN.VN

NGHEAN.VN

NINHTHUAN.VN

PHUYEN.VN

QUANGNAM.VN

QUANGNINH.VN

SOCTRANG.VN

TAYNINH.VN

THAINGUYEN.VN

THUATHIENHUE.VN

TRAVINH.VN

VINHLONG.VN

YENBAI.VN

BARIA-VUNGTAU.VN

BACCAN.VN

BACNINH.VN

BINHDUONG.VN

BINHPHUOC.VN

CAMAU.VN

CANTHO.VN

DACLAC.VN

DONGTHAP.VN

HAGIANG.VN

HANOI.VN

HATINH.VN

HAIPHONG.VN

HUNGYEN.VN

KHANHHOA.VN

KONTUM.VN

LANGSON.VN

LAMDONG.VN

NAMDINH.VN

NINHBINH.VN

PHUTHO.VN

QUANGBINH.VN

QUANGNGAI.VN

QUANGTRI.VN

SONLA.VN

THAIBINH.VN

THANHHOA.VN

TIENGIANG.VN

TUYENQUANG.VN

VINHPHUC.VN

3. Each Internet exchange service provider IXP, Internet access service provider ISP, online service provider OSP or Internet content provider ICP and other cases permitted by the Ministry of Post and Telecommunications may register one second-level domain name under the national domain name .VN.

Article 9.- Principles for domain name registration

1. General principles

1.1 To encourage the wide use of domain names under the national domain name .VN. To prioritize the domain names which directly participate in business and other activities in Vietnam.

1.2. Domain names are selected by organizations or individuals on their own will in accordance with the current law provisions, intellectual property regulations and the provisions of this Regulation.

1.3. Registration is made on the principle of equality, regardless of whether the registrant is an individual or organization, and on the basis of first come, first served.

1.4. Domain names shall be allocated only when there is sufficient information on the domain name servers where they are established or the destination domain names they point at.

1.5. Organizations or individuals applying for the registration of domain names must explain clearly the relationship between the to be-registered domain names and their activities, take full responsibility for the accuracy of the information they supply to Vietnam Internet Network Information Center.

2. Domain names to be registered must not contain word phrases which infringe upon the national interests or fail to conform to the nation’s social morality, lifestyle and culture.

3. To refrain from registering domain names related to the names of geographical places, public figures, State leaders or to the common names of economic sectors, goods or products, the names of pharmaceuticals, inter-governmental organizations, political and social organizations. If there is a need to register such a name, plausible reasons must be provided.

Article 10.- Procedures for registration and use of domain names

1. Dossiers sent to Vietnam Internet Network Information Center comprise:

- The domain name registration application, made according to the form set by Vietnam Internet Network Information Center.

- The establishment decision, the business registration permit or the permit for the opening of representative office, for agencies, organizations or enterprises; or the people’s identity card or permanent residence book, for individuals; or the passport together with the permanent residence card or temporary residence certificate or temporary residence card issued by a competent State body, for foreign individuals currently residing and working in Vietnam.

2. Dossiers should be addressed to:

Vietnam Internet Network Information Center 115 Tran Duy Hung, Cau Giay district, Hanoi or 27 Nguyen Binh Khiem, district 1, Ho Chi Minh city, or the website http://www.vnnic.net.vn for online registration.

3. Replies shall be issued within 4 working days at most after the date of receipt of valid dossiers at the website of Vietnam Internet Network Information Center. For domain names which are deemed liable to dispute, they shall be posted up on the website http://www.vnnic.net.vn of Vietnam Internet Network Information Center for 3 working days. Should no dispute arise can such domain names be considered for official allocation.

4. Organizations and individuals registering the use of third-level domain names after the second-level domain names under the name of the network of an Internet service provider shall work directly with such service provider.

5. The allocated domain names must come into operation within 60 days at most. Past this time limit, if inoperational without plausible reasons, they shall be withdrawn.

Article 11.- Storage of domain names:

1. Domain names must be declared and stored in servers capable of ensuring information safety. The storage of domain names in which servers shall depend on the capability and selection of the registering organizations or individuals.

2. The exchange of information in the process of using and maintaining domain names shall be in the forms of print documents, web interface or electronic mails.

Article 12.- Changes of domain names

Domain name changes may include:

1. Complete change of domain names means the registration of new domain names according to the domain name registration and use procedures specified in Article 10 of this Regulation. In this case, the old names shall be canceled.

2. Changes of information related to the domain name operation and administration mean changes in technical parameters, agency addresses, telephone or fax numbers, e-mail addresses, etc. Such changes must be stated in the domain name change forms set by Vietnam Internet Network Information Center, which shall be sent to the Center.

Article 13.- Temporary stoppage and cancellation of domain names

1. Domain names shall be canceled in the following cases:

1.1. Domain name cancellation is lawfully requested in writing by the registering agencies, organizations or individuals.

1.2. Law violations, according to written conclusions of competent State bodies.

1.3. Domain names shall be canceled 30 days after temporary stoppage if agencies, organizations or individuals continue their violations.

2. The use of domain names shall be temporarily stopped in the following cases:

2.1. Violations of the provisions of this Regulation.

2.2. The time limit for payment of the domain name maintenance charge has expired.

3. Notification:

3.1. Vietnam Internet Network Information Center shall send notices on temporary stoppage or cancellation to the agencies, organizations or individuals that are using the domain names in question.

3.2. The temporary stoppage or cancellation shall be effected right on the domain name system and the national domain name database.

4. Restoration of domain names:

Except for cases where domain names are cancelled under Clauses 1.1 and 1.2 of this Article, all cancelled domain names shall be stored for up to 30 days in order to help the concerned organizations or individuals restore the cancelled domain names when they are able to re-use them.

Chapter IV

IP ADDRESSES

Article 14.- Principles for allocation and use of IP addresses

1. Allocated IP addresses must :

1.1. Be unique and registered in the Internet.

1.2. Facilitate the information routing.

1.3. Ensure economy and equality.

2. IP addresses shall be allocated to real-use demands, with a number of forecasts on future network developments being taken into consideration.

3. IP addresses used on Vietnam’s Internet network must all lie within the address spaces planned and assigned to Vietnam by competent international organizations in charge of Internet resources.

4. The allocated addresses must be used in Vietnam only. Past 6 months, if not used on the networks without plausible reasons, they shall be withdrawn.

5. IP addresses allocated by Vietnam Internet Network Information Center shall be valid throughout Vietnam. Agencies, organizations and individuals engaged in Internet activities must implement the routing policy and popularize these address spaces under the guidance of Vietnam Internet Network Information Center.

6. The allocation of new IP address spaces shall be considered only when over 80% of existing IP address spaces has been used.

Article 15.- Procedures for registration of Internet addresses

1. Dossiers sent to Vietnam Internet Network Information Center comprise:

- The Internet address registration application, made according to the form set by Vietnam Internet Network Information Center.

- The establishment decision or business registration permit.

2. Dossiers should be sent to:

Vietnam Internet Network Information Center 115 Tran Duy Hung, Cau Giay district, Hanoi or 27 Nguyen Binh Khiem, district 1, Ho Chi Minh city or the website http://www.vnnic.net.vn for online registration.

3. The time limit for replies or notices on the address spaces allocated to registrants shall be 10 working days after the receipt of valid dossiers.

Chapter V

AUTONOMOUS SYSTEM NUMBERS (ASN)

Article 16.- Principles for allocation and use of autonomous system numbers (ASN)

1. Allocated autonomous system numbers must:

1.1. Be unique and registered in the Internet.

1.2. Facilitate the information routing.

1.3. Ensure economy and equality.

2. The real-use demands of organizations.

3. To use autonomous system numbers in the IP address space of Vietnam under interdependent routing policies, to connect with service providers adopting different routing policies.

4. Organizations allocated the autonomous system numbers may use such numbers within the scope of their respective networks only.

5. Autonomous system numbers shall be withdrawn if they are not used on the Internet after six months.

Article 17.- Procedures for registration of autonomous system numbers

1. Dossiers sent to Vietnam Internet Network Information Center comprise:

- The autonomous system number registration application, made according to the form set by Vietnam Internet Network Information Center.

- The establishment decision or business registration permit.

2. Dossiers should be sent to:

Vietnam Internet Network Information Center 115 Tran Duy Hung, Cau Giay district, Hanoi or 27 Nguyen Binh Khiem, district 1, Ho Chi Minh city or the website http://www.vnnic.net.vn for online registration.

3. The time limit for replies or notices on the autonomous system numbers allocated to the registrants shall be 15 working days after the receipt of valid dossiers.

Chapter VI

CHARGES AND FEES

Article 18.- Payment of charges and fees

1. Charges and fees prescribed by the Ministry of Finance must be paid to Vietnam Internet Network Information Center before Internet resources are allocated and come into operation or further maintained on the networks.

2. When a domain name is accepted, related charges must be paid within 20 days; past this time limit, such domain name may be freely registered by other entities. The resource maintenance charge shall be paid for every year or several years at a time within 20 days after the receipt of payment notices.

3. Vietnam Internet Network Information Center shall have to collect charges and send payment notices when such charges become due.

4. Agencies, organizations or individuals that use domain names must make direct payment to Vietnam Internet Network Information Center. In cases where payment is authorized to other organizations, the two parties should reach agreement on making payment in accordance with this provision on charge and fee payment.

Article 19.- Bases for collection of charges and fees

1. Each domain name recorded in the national domain name server is regarded as one domain name subject to payment of charges and fees.

2. The charge and fee rates shall comply with the Finance Ministry’s regulations on the collection of charges and fees for Internet resources.

Chapter VII

SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS

Article 20.- Settlement of complaints

1. Any complaints about the management and use of Internet resources should be sent in writing by the involved parties to Vietnam Internet Network Information Center for settlement. When receiving such written requests, Vietnam Internet Network Information Center shall consider and settle them according to the current law provisions. If complaints relate to the settlement of domain name disputes between the involved parties, Vietnam Internet Network Information Center should encourage and create conditions for the involved parties to settle their disputes through negotiations. If the involved parties fail to reach an agreement, Vietnam Internet Network Information Center shall consider and decide in accordance with the current law provisions.

2. If disagreeing with the results of settlement by Vietnam Internet Network Information Center, the involved parties may request competent agencies or organizations to settle according to the law provisions on complaints.

Article 21.- Handling of violations

1. All violations of the Regulation on the management and use of Internet resources shall be sanctioned according to the Government’s Decree No. 55/2001/ND-CP of August 23, 2001 on the management, provision and use of the Internet and other law provisions.

2. Vietnam Internet Network Information Center shall have to coordinate with the specialized post, telecommunications and information technology inspectorate in inspecting, supervising and handling Internet- resource violations.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 22.- Implementation provisions

1. This Regulation takes effect 15 days after its publication in the Official Gazette; all previous regulations contrary to this Regulation shall be hereby annulled.

2. The subjects specified in Article 1 shall have to strictly implement the provisions of this Regulation.

3. Vietnam Internet Network Information Center shall have to:

3.1. Guide, supervise and urge agencies, organizations and individuals engaged in Internet activities to strictly implement this Regulation.

3.2. Issue various forms related to the management and use of Internet resources.

3.3. To promptly report any problems arising in the course of implementation to the Ministry of Post and Telecommunications for consideration, supplementation and/or amendment.

Minister of Post and Telecommunications
DO TRUNG TA